Purchase Agreement Packaging and Advertising Materials Only Cannoli

  1. This purchase agreement applies between Only Cannoli, established in Uithoorn (Chamber of Commerce number 67783899), (“we” or “Only Cannoli”) and you (“you” or “Customer”) and, together with the General Terms and Conditions of Only Cannoli, forms a possible offer and other agreements made, the agreement between Only Cannoli and you regarding packaging and/or advertising materials (the “VR Materials”) that you purchase from Only Cannoli (the “Agreement”). Where the General Terms and Conditions refer to “Products”, the “VR Materials” are also meant. Any general terms and conditions of the Buyer do not apply.
  2. The VR Materials are characteristic of the Only Cannoli appearance in terms of design and execution and contain (partly) the Only Cannoli brand. All intellectual property rights to the VR Materials and the ONLY CANNOLI brand belong to Only Cannoli.
  3. You may use the VR Materials solely to showcase and promote Only Cannoli’s cannoli and other edible products. You may not use it for the promotion/trading of third party products. You may not resell or otherwise make the VR Materials available to third parties without the prior written consent of Only Cannoli. You may also not alter the appearance of the VR Materials or remove or obscure the ONLY CANNOLI brand that appears thereon. For each violation of this article you owe an immediately due and payable fine to Only Cannoli of EUR 2500 AND EUR 500 for each day thereafter with a maximum of EUR 10,000 for as long as the violation lasts . This does not affect Only Cannoli’s right to claim compliance with this Agreement as well as (additional) compensation.
  4. If you act contrary to article 3, you are immediately in default and Only Cannoli may dissolve the Agreement with immediate effect by written notification (including email). This means that you must immediately return the VR Materials, at the option of Only Cannoli, to Only Cannoli when they collect them from you, or destroy them. You must email us a video of the destruction. You will not receive a refund of the purchase price. If you refuse to return or destroy the VR Materials, you will owe Only Cannoli an immediately due and payable penalty of EUR 750. This is without prejudice to Only Cannoli’s right to claim compliance with this Agreement as well as (additional) compensation.
  5. If you stop selling Only Cannoli’s edible Products at any time, you may not use the VR Materials for third-party products. You can then return the VR Materials to Only Cannoli and receive a refund of 50% of the purchase price paid, as well as EUR 15 for postage, provided that:
    a. the VR Materials are undamaged, and
    b. the VR Materials are reusable for trading by Only Cannoli.
    If one or more of the above conditions are not met, you will receive a maximum refund of 40% of the purchase price paid.
  6. Dutch law applies to the Agreement and all agreements arising from it. Disputes arising from or related to the Agreement will be submitted exclusively to the competent court in Amsterdam.

Only Cannoli © September 2022

Purchase agreement packaging and advertising materials in PDF (Dutch)